Texas Water Bill of Rights
By WohlgemuthH.B. No. 1620

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of aircraft on water.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Title 3, Transportation Code, is amended by adding Chapter 26 to read as follows:

Sec. 26.001.  DEFINITIONS. In this chapter:

(1)  "Aquatic aircraft" means a seaplane, floatplane, or similar aircraft that is capable of taking off and landing on water.

(2)  "Department" means the Texas Department of Transportation.

Sec. 26.002.  APPLICATION. This chapter applies to all navigable bodies of water of this state other than a navigable body of water that the federal government owns, controls, or has jurisdiction over.

Sec. 26.003.  REGULATION PROHIBITED. (a) Except as provided by Subsection (b), a governmental entity that owns, controls, or has jurisdiction over a navigable body of water may not in an area in which motorized boats are permitted:

(1)  prohibit the takeoff, landing, or operation of an aquatic aircraft; or

(2)  regulate or require a permit or fee for the operation of an aquatic aircraft.

(b)  A governmental entity described by Subsection (a) may apply to the department to prohibit or limit the operation of aquatic aircraft on a navigable body of water. The department shall approve the prohibition if the department determines that safety concerns justify the prohibition or limitation. The prohibition or limitation may apply to the entire body of water or only to a specified area.

(c)  In making a determination under Subsection (b), the department shall consider:

(1)  the topography of the body of water or specified area;

(2)  the depth of the water and any obstacles that are under the water;

(3)  the amount of boat or individual traffic on the body of water or in the specified area; and

(4)  any other factors that relate to the safe operation of aquatic aircraft.

Sec. 26.004.  RULES. The department shall adopt rules to implement and administer this chapter, including rules specifying how notice shall be given of a prohibition or limitation approved under this chapter.

SECTION 2.  This Act takes effect September 1, 1999.

SECTION 3.  The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.